Information on Lawful Permanent Residence ("green cards")

UNCW files permanent resident petitions for individuals holding
full-time permanent academic appointments only. All such petitions are
filed by the Office of International Programs (OIP) after receiving
approval from the hiring department, dean and vice provost.
Privately-retained attorneys may not represent the University in these
matters.

If sponsorship is approved, UNCW will make a determination to file
one of two types of petitions as your sponsor, Labor Certification or
Outstanding Professor and Researcher. Labor Certification is the standard filing method.

Labor Certification

Labor Certification requires approval by the U.S. Department of
Labor (DOL) before an immigrant petition (I-140) can be filed with the
U.S. Citizenship and Immigration Services (USCIS). For college and
university teachers, cases are filed under what is called "Special
Handling" procedures. Labor certification may be granted if it can be
demonstrated that at least a prevailing wage is being paid and that
there are no "equally qualified" US workers available and willing to
take the job.

ISSS generally files Labor Certifications for junior rank faculty
who have recently received their Ph.D.s since the Outstanding Professor
and Researcher category requires that an applicant have, among other
things, at least three years of teaching or research experience beyond
the Ph.D.

Labor certifications must be filed with the DOL within 18 months of
the selection of the candidate. DOL processing time varies but scholars
should expect three to six months for a response from the DOL.

Scholars for whom ISSS is applying for Labor Certification must
supply us with a current CV, a copy of the PhD diploma (if the degree is
a foreign degree, there must be an official credential evaluation),
copies of all immigration-related documents and the ETA 9089 Employee
Information Form. We work closely with the department to document the
recruitment process for the DOL.

Once a Labor Certification is approved, ISSS can submit an
immigrant petition (I-140) to USCIS on behalf of the scholar. Processing
times vary widely on approvals of I-140s.

While a Labor Certification and the I-140 are pending, scholars and their dependents may remain in H status.

Once the I-140 is approved by USCIS, the scholar must pay for and
file the form I-485 (and supplemental matierials) on his/her own, or
with the assistance of an attorney. UNCW can not assist the scholar with
the I-485. Once the USCIS has approved the I-485, the scholar (and
dependents, if any) will need to go the Charlotte USCIS office for
biometrics and should receive their "greencard" within a few weeks.

Outstanding Professor and Researcher

To qualify for permanent residence as an outstanding professor and/or researcher, a foreign national must

Be internationally recognized as outstanding in a specific academic field;

Be in a permanent, tenure-track or research position within a university or institution of higher learning; and

Have a minimum of three years experience teaching and/or
researching in the field (such experience may include research or
teaching while working toward an advanced degree only if the research is
recognized within the academic field as outstanding or if the teaching
duties entailed full responsibility for the class taught)

Further, evidence of at least three of the six criteria below must be met

Original contributions to the field

National or international awards for achievements in the field

Membership in organizations that require outstanding achievement

Published material about the alien or his/her work

Service as the judge of the work of others

Scholarly publications and presentations

A petition for Outstanding Professor and Researcher is filed on
Form I-140 directly with USCIS. ISSS, upon receiving the materials from
the scholar, packages the case, and submits it to USCIS. Processing time
varies.

While the I-140 is pending, scholars and their dependents can remain in H status.

Once the I-140 is approved by USCIS, the scholar must pay for and
file the form I-485 (and supplemental matierials) on his/her own, or
with the assistance of an attorney. UNCW can not assist the scholar with
the I-485. Once the USCIS has approved the I-485, the scholar (and
dependents, if any) will need to go the Charlotte USCIS office for
biometrics and should receive their "greencard" within a few weeks.

Adjustment of Status and Consular Processing

Once the USCIS approves the University's I-140 immigrant petition
and adequate immigrant visas are available (which in most cases will be
immediately), the final step in getting a permanent resident card, or
"green card" as it is commonly called, is for the scholar to file for
permanent residence.* This part of the application is between the
individual and USCIS and the U.S. Department of State. The university's
portion ends with the approval of the I-140.

It is also possible to submit an adjustment of status application
(I-485) plus a request for work authorization (I-765) and advance parole
(I-131) concurrently with the filing of the I-140 or while it is
pending. ISSS will discuss this option with scholars at the time of
filing the I-140 but can not assist with the adjustment of status
application.

Applying for a Permanent Resident Card from Inside the US/Form I-485/Adjustment of Status

If a scholar is in the US in a non-immigrant status, s/he may apply
for permanent residence status by filing form I-485 (Adjustment of
Status) with the USCIS. The ISSS can not advise on this process and
scholars are advised to retain a competent immigration attorney for this
portion of the application. Processing time of the I-485 is
approximately two years.

Note: the I-485 is a packet consisting of many forms including a
medical form that requires a physical exam and signature by a
USCIS-approved physician. Employees should begin this process early as
it can take months to complete these forms. All USCIS forms associated
with adjustment of status can be downloaded from the USCIS website.

Applying for a Permanent Resident Card From Outside the US/Consular Processing

In some cases, it may be faster for a scholar to exit the US,
return to the home country, and apply for permanent residence from
outside the US. This can be expensive, complex and inconvenient, but it
may be faster. Scholars interested in this option should consult a
competent immigration attorney.

Work Eligibility While the I-485 is Pending

While the I-485 is pending, and until adjustment is approved, a
scholar already working for UNCW in H-1B status can retain that status
as long as the I-797 is still valid and s/he is working at UNCW under
the terms of the petition filed. If the scholar wishes to work for
employers other than UNCW before the I-485 is adjudicated, s/he can
surrender his or her H-1B status and apply for employment authorization
from USCIS. Employment Authorization Cards for adjustment applicants are
usually issued for one year at a time. This application is made on Form
I-765 and has a fee. Processing time is approximately three months.

Travel Outside the US While the I-485 is Pending

Between the time a scholar submits the I-485 application and it is
approved, the applicant is in a special situation regarding travel
outside the US. There are two possibilities for the scholar and his/her
dependents. Please note that these alternatives are mutually exclusive.

If a scholar chooses to remain in H-1B status, s/he and dependents
may travel in their currently valid H status. They must abide by all the
regulations that govern H status, i.e., re-entry requires a valid H
visa, and employment must be only with the appropriate H employer.

If a scholar, who has chosen to abandon H-1B status and has
obtained an Employment Authorization Card, wishes to travel outside the
US, s/he must apply for and be granted permission for such travel. This
permission is called "Advance Parole." Advance Parole is granted by
USCIS and requires a separate application (Form I-131) for which there
is a fee. Processing time varies but expect approximately three months.
An application for Advance Parole is considered abandoned if the
applicant leaves the US before it is approved, so the timing of such
applications is essential. Advance Parole often needs to be extended
while the I-485 is pending so scholars and their dependents should be
sure to submit extensions approximately four months in advance of the
current document ending.

The Permanent Resident Card or “Green Card”/Form I-551

Upon approval of the I-485, a scholar will receive an approval
notice from the USCIS with instructions to visit the nearest immigration
office to obtain the permanent resident stamp in the passport. The
stamp in the passport serves as evidence of approval of permanent
residency and can be used as such. The actual permanent resident card is
issued approximately six months later and mailed to the applicant's
local home address.

Dependents (spouse/children)

Once UNCW successfully files the I-140 petition with USCIS, the scholar must pay for and
file the form I-485 (Application to Register Permanent Residence or Adjust Status) and supplemental matierials on his/her own, or
with the assistance of an attorney. At that time, the scholar will also include forms and fees so that dependent spouse/children may also obtain a green card. UNCW cannot assist with this part of the green card process.

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